Legal News Archive: April 2016

As the weather continues to warm up, more bicycles begin to appear on our roads and highways. Whether as a form of recreation and exercise, or as alternate means of commuting, riding a bicycle can be dangerous. The New York area has already seen serious bicycle accidents this spring so it is important to step back and remind ourselves of the ways to minimize the risks of being involved in one.

Construction is a constant in New York with no signs of slowing down. With the large number of construction sites across the city comes the risk of accidents, one of the most serious resulting from cranes. Just this week a type of crane known as a manlift (or cherry picker) crashed into the side of a building on the Lower East Side of Manhattan.

Imagine spending over 17 years in prison for a crime you did not commit. All of the missed birthdays, holidays, and time with your friends and family while sitting in a cell after being wrongfully convicted of murder. This is what happened to five individuals in the Bronx who had their convictions vacated by the court and now look to receive $40 million thanks to a civil rights lawsuit against New York City.

Hollywood insiders and fans were surprised when actor Joe Manganiello withdrew for medical reasons as the lead role in a series for The History Channel on SEAL Team Six. While the True Blood and Magic Mike star had previously suffered a torn bicep, it was not apparently related to his current condition. It has now been reported that the 39-year old actor was hospitalized and underwent surgery for a severe case of appendicitis. The news serves as a cautionary tale that this small body part can cause big problems.

To be recognized for excellence by one’s peers in any field is an extraordinary achievement. For this reason, Finz & Finz, P.C. is proud to announce that senior trial attorney and CEO Stuart L. Finz and senior appellate attorney and head of the firm’s law department, Ameer Benno have been named to the list of New York Super Lawyers for 2016.

A trip to New York City can be a fun and exciting time. Trying to get around New York City does not bring the same enjoyment. Some destinations are not in walking distance, and the ones that are can be difficult to get to in bad weather. While subways and buses may be an inexpensive option, it is not always a practical one if a person is carrying luggage or shopping bags. Then there are those who would just rather not deal with the overcrowding and additional hassles of mass transit. These are some of the reasons residents and visitors opt for a taxi, and why taking a cab should be a safe alternative.

When a motor vehicle accident is caused by a potential drunk driver, police will administer a breathalyzer test to determine if the driver had too much to drink before getting behind the wheel. However, with one in four crashes on the road involving texting while driving, how are police to determine at the scene of an accident if texting was involved? One advocacy group is looking to solve that problem with the introduction of a device nicknamed the textalyzer.

When an air bag deploys in a motor vehicle accident, drivers and passengers expect some soreness and bruising, which is certainly better than the serious injuries that can occur without one. However, if an air bag is defective, it can lead to much more critical injuries and even death. This is why the Japanese air bag manufacturing company Takata is involved with a recall on their airbags which has now become the largest automotive recall of any kind in U.S. History.

Since the prescription sleep-aid Ambien hit the market, there have been many accounts of people doing unbelievable things in their sleep which they do not remember the next day. Ambien has even become an inspiration for storylines in television and movies where viewers can laugh at the crazy and silly behavior of their favorite characters under the influence of the drug. However, the side effects of Ambien can be very serious as a nun in Philadelphia discovered. Sister Kimberly Miller is currently facing drunk driving charges for crashing her car after taking the medication.

The recent concerns over concussions suffered by football players, especially in the NFL, has brought attention to a medical condition known as chronic traumatic encephalopathy (also known as CTE) in which repeated head trauma causes damage to the brain including atrophy or swelling. However, CTE is only one type of encephalopathy and if you think the disease only affects players on the gridiron, you would be wrong. Encephalopathy is a serious condition that can occur during childbirth and possibly affect a baby for his/her entire life.

The weather in the New York area has not been very spring-like lately so thinking about plans for the summer may not seem like a priority. The warmer weather will be here soon enough though and parents will be scrambling to schedule activities for their children once school is done for the year. Two of the most popular pastimes of summer are day camps and sleepaway camps. The most important decision for parents is to choose a camp that makes the safety of their children its number one priority.

We have all been through it—you are driving towards a busy intersection when the green light suddenly turns yellow. What do you do? Slow down to try and stop in time? Hit the gas to try and make it through the intersection before the light turns red? If you think you have your answer, add this to the equation—what if you know there is a red light camera ready to snap a photo of your car resulting in a costly fine? The decision you or the driver in front of you makes in that situation could possibly lead to a rear-end collision.

When you would go to the doctor for a prescription, you would be given a paper script to hand over to the pharmacy. And for years it has been a chore for many patients and pharmacists to try and decipher what is actually written on that script. While doctors’ illegible handwriting has become somewhat of a joke, it can lead to serious problems if a patient is given the wrong dosage or the wrong medication entirely. New York State has now taken steps to try to correct this problem by making electronic prescriptions mandatory.

In the past few years, the public outrage over racial discrimination throughout the New York City Police Department has reached a boiling point. Across the city protests sparked over the deaths of Eric Garner and Akai Gurley. Now, however, concerns about practices within the NYPD affecting minorities are being brought to light by a group of officers who feel they are being pressured into violating the civil rights of residents in minority communities due to quotas issued by their superiors.

The month of April had an unexpected start for residents in the Midwest and Northeast eager for spring to arrive as a storm with cold temperatures, extremely strong winds and even snow hit the area. With wind gusts measuring more than 55 mph in the New York region, tree branches and other debris went flying into cars and houses. In addition, many trees were uprooted from yards and sidewalks leaving hazardous conditions for pedestrians at risk for a trip and fall injury.

Highways, subways and buses may be the most common methods to commute to Manhattan, but Mayor Bill de Blasio is looking to change that with an increase in ferry service in the five boroughs. The mayor recently announced a plan for an addition of at least 18 ferries from 21 landing sites within the next two years to take passengers across the city’s waterways.

Passengers traveling Amtrak from New York to Georgia on a quiet Sunday morning were shaken when their train crashed into a piece of construction equipment on the tracks, killing the two workers operating the machinery. The accident occurred just south of Philadelphia and less than a year after another Amtrak train derailed and crashed in the city itself, causing eight people to lose their lives.

Medical Malpractice settlement in Pennsylvania for a young child who suffered from a severe injury to the intestinal tract due to a delay by the hospital and doctor in diagnosis and treating Necrotising Enterocolitis.Read More

Our client, a 52-year-old executive secretary had an extensive stay in a local Nassau County hospital. She was discharged and thereafter had persistent nausea and vomiting for a two-week period.Read More

Settlement with the State of New York in the Court of Claims for a victim who sustained brain damage while descending a recreational tube slide on a slope negligently designed by New York State.Read More

Verdict against Phillip Brothers Chemical Company, Inc. who failed to adequately warn a worker in an electroplating plant how to properly add zinc cyanide to a brass plating mixture resulting in an explosion causing burns and loss of vision in one eye.Read More

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The Finz & Finz, P.C. firm represents clients from New York and surrounding areas, including New York City (NYC), Brooklyn, Bronx, Queens, Manhattan, Staten Island, Nassau County, Suffolk County, throughout New York state and nationwide.